MANAGEMENT AND CONTROL OF THE DECEASED ESTATE PRIOR TO SHARING IN NIGERIA: CRITIQUE OF THE LEGAL DIALECTICS OF SUCCESSION

Abstract

The article examines the management and control of thedeceased estate prior to sharing in Nigeria and furthercritique the legal dialectics of succession rules in Nigeria.The position of the female child under the Yoruba, customarylaw of succession modes of distribution of property underYoruba, customary law of succession the rights of spouses, illegitimate children and other blood relations of deceased intestate vis-à-vis their discriminatory property inheritancerights under the Yoruba customary law. The rules ofsuccession under customary law are as varied as the ethnicgroups that are found in Nigeria. Over the years, variouscustomary rules of succession have been used in Nigeria,when an issue of intestate succession is in question. Theobjective of the article is to critically examine how thepersonal law of the individual governs his domestic affairshaving subjected himself to such laws. The article concludesand recommends that the Wills Act should enact a provision recognizing the inheritance rights of any child in the wombat the date of the testator’s death who is born alive after thetestator’s death as it is in the intestate and dependents reliefslegislation.